Am I screwed or can I get out of this?

Discussion in 'Legal' started by Wantinglegaladvice, Oct 6, 2019.

  1. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    Appreciate some advice here.

    I work for a local college as the marketing guy (not great money, just shy of £18,000 a year).

    Long story short:

    I was pulled into a meeting last week and they are essentially launching an investigation into why I won't pass an exam prior to my contractual deadline of January 2020 (which is when my employment would've been made permanent). It's a high level project management exam, which I attempted 2 months ago (after being put on a weeks course).

    They told me it'll take 2 weeks from Monday, after which I may be dismissed (30 days notice from then).

    I've got to be honest, I wasn't particularly bothered as my head has been out of the place for months anyway. I've been working on launching my own Marketing agency and web business (I also offer AWS cloud consulting) and I've got a few local businesses on retainer at what's a good rate but slightly lower than competitors to prove my worth. I can certainly say it's had an impact on my job (all nighters before work etc). I've also developed a managed WordPress platform that's picking up as the product is finished.

    The plan however was to keep working while building up a client base and so I could cover any business expenses. Part of me says I'm screwed now, but the other part says hand my notice in asap and focus on bringing in clients asap as the income from my job isn't hard to match (and I've done no real marketing myself due to time).

    Any thoughts on this? I've got ideas to bring some in and referrals seem to be working so any thoughts on that too?

    Am I screwed or can I get out of this?

    Thanks
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #1
  2. intheTRADE

    intheTRADE UKBF Regular Free Member

    123 24
    Your post is very confusing.

    Have you known from the moment you started employment that the basis of it being made permanent was passing this exam?

    As a side note, what does any contract you have been given so far say about running and operating another business whilst employed from them.
     
    Posted: Oct 6, 2019 By: intheTRADE Member since: Apr 14, 2019
    #2
  3. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    Yes, I was aware and I'm fully aware of what's coming. My question is do I just cut my losses now and resign? My other question is can I achieve as much in sales to make up the shortfall in income.

    Also, why now? The breach of contract won't happen until January when I haven't passed by then, not October.

    Admittedly, I'd love to get out of the place asap.
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #3
  4. intheTRADE

    intheTRADE UKBF Regular Free Member

    123 24
    No one can answer whether to resign now or wait for the inevitable other than you.

    Will you be financially stable without your salary? It's a bad time to be considering resigning from a job 10 weeks before Christmas. But like I say only you know whether to resign or not. No one else knows your financial situation. Do you have a husband, wife, partner to consult?
     
    Posted: Oct 6, 2019 By: intheTRADE Member since: Apr 14, 2019
    #4
  5. Darren_Ssc

    Darren_Ssc UKBF Regular Free Member

    467 96
    What have you to lose by waiting to see what happens? You're not going to pass the exam and are seriously thinking of quitting anyway?
     
    Posted: Oct 6, 2019 By: Darren_Ssc Member since: Mar 1, 2019
    #5
  6. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    No but I believe I can grow the business while out of the job, allowing me to focus my efforts on securing more clients.

    It's growing already without any real marketing.
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #6
  7. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    I guess it's resign Vs be dismissed and go through the investigation. All for an 18k job.
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #7
  8. Darren_Ssc

    Darren_Ssc UKBF Regular Free Member

    467 96
    I'm just thinking, with it being a college and all, they may not fire you and even if they do it means you get a wage coming in for a few more weeks and, maybe, something more?

    This may be a stressful time but running your own business can be like this all the time, even when you're making a decent living from it.
     
    Posted: Oct 6, 2019 By: Darren_Ssc Member since: Mar 1, 2019
    #8
  9. intheTRADE

    intheTRADE UKBF Regular Free Member

    123 24
    Well then you resign if you believe you can make it work. But just be cautious that it is a huge risk.

    Personally I would be inclined to wait for the inevitable after Christmas and work every hour God sends building your business whilst collecting a last few months salary from your employment
     
    Posted: Oct 6, 2019 By: intheTRADE Member since: Apr 14, 2019
    #9
  10. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    That's the strange thing. They are talking about dismissing me in 3 weeks. Not January when the actual breach of contract would occur.
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #10
  11. intheTRADE

    intheTRADE UKBF Regular Free Member

    123 24
    Maybe it is breaching the contract now because if you don't take exam there will be no chance of it happening before the deadline of January. So in 3 weeks they can give you your 30 days notice which they will probably put you on gardening leave for

    It's impossible to advise without knowing what the terms and your contract say
     
    Posted: Oct 6, 2019 By: intheTRADE Member since: Apr 14, 2019
    #11
  12. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    There's no terms signed. The only clause is:

    Your employment is intended to be indefinite, but is subject to you successfully completing your apprenticeship and achieving the requisite qualification by your expected end date of 12 January 2020. In the event you fail to complete your apprenticeship, the College reserves the right to terminate your employment, giving one month’s notice in writing.

    Your period of continuous employment began on 30 October 2017.
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #12
  13. intheTRADE

    intheTRADE UKBF Regular Free Member

    123 24
    If you do not take this exam coming up and there are no other opportunities to do so before January 12 then you have effectively breached this clause and they are within their rights to give you your 30 day notice
     
    Posted: Oct 6, 2019 By: intheTRADE Member since: Apr 14, 2019
    #13
  14. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    So the clause is essentially breached now and not in January as it's obvious I won't pass?
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #14
  15. intheTRADE

    intheTRADE UKBF Regular Free Member

    123 24
    Providing there is absolutely no other opportunity to pass the exam before January 12 then yes that's how I read that clause.
     
    Posted: Oct 6, 2019 By: intheTRADE Member since: Apr 14, 2019
    #15
  16. Mr D

    Mr D UKBF Legend Free Member

    16,751 1,869
    You can be dismissed in first 2 years of an employment without a reason. You don't have the same rights inside of 2 years as later.
    Starting investigation now they can get rid of you before January - presumably they have also noticed your work performance.
    So they get rid of you and get someone in to do the job.
     
    Posted: Oct 6, 2019 By: Mr D Member since: Feb 12, 2017
    #16
  17. MBE2017

    MBE2017 UKBF Ace Free Member

    1,065 278
    The answer is probably your start date, just under two years ago, so in two weeks time they can sack you without any comeback if they choose too.
     
    Posted: Oct 6, 2019 By: MBE2017 Member since: Feb 16, 2017
    #17
  18. Wantinglegaladvice

    Wantinglegaladvice UKBF Contributor Free Member

    32 3
    Day to day performance is fine and I've been told I'm very good at my job.

    This is purely focused around the apprenticeship.
     
    Posted: Oct 6, 2019 By: Wantinglegaladvice Member since: Apr 2, 2018
    #18
  19. Mr D

    Mr D UKBF Legend Free Member

    16,751 1,869
    They told you that while your head has been out of it for months?
    Hate to think what they'd have said if your head was in it.
     
    Posted: Oct 6, 2019 By: Mr D Member since: Feb 12, 2017
    #19
  20. MBE2017

    MBE2017 UKBF Ace Free Member

    1,065 278
    For someone not bothered, you seem very bothered. End of the day they are doing their job well. Why keep you on when your heart is not in the work, you are pulling all nighters leading to poorer performance and you failed the required exams?

    Why should they keep you on?
     
    Posted: Oct 6, 2019 By: MBE2017 Member since: Feb 16, 2017
    #20